SB109-engrossed,6,316
440.63
(2) Applications; certification period. An application for
initial 17certification
or renewal or reinstatement of a certificate under this section shall be
18submitted to the department on a form provided by the department. An application
19for
initial certification shall include
the initial credential a one-time certification fee
20determined by the department
using the procedures established under s. 440.03 (9)
21(a)
. Renewal applications shall be submitted to the department on a form provided
22by the department on or before the applicable renewal date specified under s. 440.08
23(2) (a) and shall include the applicable renewal fee determined by the department
24under s. 440.03 (9) (a), and the applicable penalty for late renewal under s. 440.08
25(3) if the application is submitted late, except that no certification fee is required
1under this section for an individual who is eligible for the veterans fee waiver
2program under s. 45.44. The department may not require renewal of a certificate
3issued under this section.
SB109-engrossed,6,9
5440.635 Persons providing practical instruction in specialty schools. 6(1) No person may provide practical instruction in a specialty school of aesthetics
7unless the person holds a current
cosmetology manager cosmetologist license or
8aesthetician license issued by the cosmetology examining board
or a current
9cosmetology instructor or aesthetics instructor certificate issued by the department.
SB109-engrossed,6,13
10(2) No person may provide practical instruction in a specialty school of
11electrology unless the person holds a current electrologist license
and a current
12cosmetology manager license issued by the cosmetology examining board
or an
13electrology instructor certificate issued by the department.
SB109-engrossed,6,18
14(3) No person may provide practical instruction in a specialty school of
15manicuring unless the person holds a current
cosmetology manager cosmetologist
16license or manicurist license issued by the cosmetology examining board
or a current
17cosmetology instructor or manicuring instructor certificate issued by the
18department.
SB109-engrossed,29
19Section
29. 440.64 (3) (b) (intro.) of the statutes is amended to read:
SB109-engrossed,6,2320
440.64
(3) (b) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
21department may reprimand a licensee
or certified instructor or deny, limit, suspend
, 22or revoke a license
or certificate under this subchapter if it finds that the applicant
, 23or licensee
or certified instructor has done any of the following:
SB109-engrossed,7,4
1440.64
(3) (c) In addition to or in lieu of a reprimand or denial, limitation,
2suspension
, or revocation of a license
or certificate under par. (b), the department
3may assess against a school
, or specialty school
or instructor a forfeiture of not less
4than $100 nor more than $5,000 for each violation enumerated under par. (b).
SB109-engrossed,7,127
454.04
(1) (a) Except as permitted under pars. (b) and (d), sub. (1m), and subch.
8II, no person may engage in cosmetology unless the person has received training in
9the areas of service provided and holds a current cosmetologist license
or cosmetology
10manager license issued by the examining board that is not an inactive license or
11temporary permit issued by the examining board or is an apprentice under s. 454.10
12or a student in a cosmetology course of instruction.
SB109-engrossed,7,1914
454.04
(1) (b) No person may engage in aesthetics unless the person has
15received training in the areas of service provided and holds a current aesthetician
16license
, or cosmetologist license
, or cosmetology manager license issued by the
17examining board that is not an inactive license or temporary permit or training
18permit issued by the examining board or is an apprentice under s. 454.10 or a student
19in an aesthetics or cosmetology course of instruction.
SB109-engrossed,8,221
454.04
(1) (d) No person may engage in manicuring unless the person has
22received training in the areas of service provided and holds a current manicurist
23license
, or cosmetologist license
, or cosmetology manager license issued by the
24examining board that is not an inactive license or temporary permit or training
1permit issued by the examining board or is an apprentice under s. 454.10 or a student
2in a manicuring or cosmetology course of instruction.
SB109-engrossed,8,64
454.04
(2) (a) No person may use the title “cosmetologist" or any other similar
5title unless the person holds a current cosmetologist license
or cosmetology manager
6license issued by the examining board that is not an inactive license.
SB109-engrossed,8,118
454.04
(2) (b) No person may use the title “aesthetician" or any other similar
9title unless the person holds a current aesthetician license
, or cosmetologist license
,
10or cosmetology manager license issued by the examining board that is not an inactive
11license.
SB109-engrossed,8,1613
454.04
(2) (d) No person may use the title “manicurist" or any other similar title
14unless the person holds a current manicurist license
, or cosmetologist license
, or
15cosmetology manager license issued by the examining board that is not an inactive
16license.
SB109-engrossed,8,2319
454.06
(4) (b) 2. At least 450 training hours in not less than 11 weeks and not
20more than 30 weeks under the supervision of a
cosmetology instructor or aesthetics
21instructor certified under s. 440.63 (3) (am) or (b) or a licensed cosmetology manager, 22licensed cosmetologist or aesthetician in a licensed establishment that is also
23licensed as a specialty school of aesthetics under s. 440.62 (4) (a).
SB109-engrossed,9,5
1454.06
(5) (b) 2. At least 450 training hours in not less than 11 weeks and not
2more than 30 weeks under the supervision of
an electrology instructor certified
3under s. 440.63 (3) (c), or a licensed electrologist
who is also a licensed cosmetology
4manager, in a licensed establishment that is also licensed as a specialty school of
5electrology under s. 440.62 (4) (b).
SB109-engrossed,9,127
454.06
(6) (b) 2. At least 300 training hours of training in not less than 7 weeks
8and not more than 20 weeks under the supervision of a
cosmetology instructor or
9manicuring instructor certified under s. 440.63 (3) (am) or (d) or a licensed
10cosmetology manager, licensed cosmetologist or manicurist in a licensed
11establishment that is also licensed as a specialty school of manicuring under s.
12440.62 (4) (c).
SB109-engrossed,9,1914
454.06
(7) Posting of license certificates. The examining board shall furnish
15a certificate to each licensee, certifying that the holder is licensed to practice
16cosmetology, aesthetics, electrology, or manicuring
or is a licensed cosmetology
17manager. The licensee shall post the certificate in a conspicuous place in the licensed
18establishment. A licensee who holds an inactive license may not post a certificate
19for that inactive license.
SB109-engrossed,9,2421
454.07
(1) The examining board shall, in accordance with s. 440.07 (2), conduct
22examinations for cosmetologist,
cosmetology manager, aesthetician, electrologist,
23and manicurist licenses not less than 8 times annually, at times and places
24determined by the examining board.
SB109-engrossed,10,32
454.08
(1) (ag) 1. The examining board shall promulgate rules permitting the
3practice of electrology outside of a licensed establishment.
SB109-engrossed,10,94
2. The examining board shall promulgate rules permitting the use of a chemical
5process in the practice of cosmetology, aesthetics, or manicuring outside of a licensed
6establishment, except that the examining board may not promulgate any rule that
7restricts the use of a chemical process in cutting or styling hair in the practice of
8cosmetology or applying cosmetics, oils, lotions, clay, creams, antiseptics, powders,
9or tonics in the practice of aesthetics.
SB109-engrossed,10,1211
454.08
(1) (ar) A person may practice cosmetology, aesthetics, or manicuring
12outside of a licensed establishment if all of the following apply:
SB109-engrossed,10,1413
1. The person owns, manages, is employed by, or is affiliated with an
14establishment that is licensed to provide that service under sub. (2).
SB109-engrossed,10,1615
2. The person brings the certificate furnished to the person under s. 454.06 (7),
16or a copy, to the location where cosmetology, aesthetics, or manicuring is practiced.
SB109-engrossed,10,2017
3. The service provided by the person does not involve the use of a chemical
18process, except for the use, outside of a licensed establishment, of a chemical process
19in cutting or styling hair in the practice of cosmetology or applying cosmetics, oils,
20lotions, clay, creams, antiseptics, powders, or tonics in the practice of aesthetics.
SB109-engrossed,10,2522
454.08
(1) (b) Except as permitted
by rule promulgated under par.
(a) (ag) or
23(ar), no person may practice cosmetology, aesthetics, electrology, or manicuring in an
24establishment unless the establishment is licensed to provide that practice under
25sub. (2).
SB109-engrossed,11,122
454.08
(4) The examining board shall, by rule, establish minimum standards
3concerning the maintenance, equipment, plans, and specifications for licensed
4establishments as they relate to the public health and safety. The examining board
5may not promulgate a rule requiring the use of a tuberculocidal disinfectant by
a
6manager of, or a barber or cosmetologist in
, an establishment licensed under this
7section. The examining board may not license an establishment under this section
8unless it meets the standards established by the examining board. A person
9proposing to open an establishment in a new location shall apply to the examining
10board for an inspection and approval of the establishment, submitting an exact
11description and floor plan of the proposed location of the establishment on a form
12provided by the department.
SB109-engrossed,11,1814
454.08
(6) A person who owns a cosmetology establishment shall employ at
15least one person as a manager who holds a cosmetology
manager license and
16manages the establishment on a full-time basis. The
cosmetology manager
of a
17cosmetology establishment shall ensure that the establishment operates in
18compliance with this subchapter and rules promulgated by the examining board.
SB109-engrossed,12,220
454.10
(3) (a) No apprentice under this section may practice cosmetology
21except
under the supervision of a licensed cosmetology manager, whose cosmetology
22license is not an inactive license, or under the supervision of a licensed cosmetologist
, 23whose cosmetology license is not an inactive license
, and to whom supervisory
24authority has been delegated by a licensed cosmetology manager. A licensed
25cosmetology manager may only delegate supervisory authority to a licensed
1cosmetologist and who has completed at least 2,000 hours of practice as a licensed
2cosmetologist.
SB109-engrossed,12,94
454.13
(1) (intro.) Upon application and payment of the fee specified in s.
5440.05 (2), the examining board may issue a license to practice cosmetology,
6aesthetics, electrology, or manicuring
or to practice as a cosmetology manager to an
7applicant who is licensed in another state or territory of the United States or in
8another country to perform services that are substantially the same as those
9performed by licensees in this state and to whom either of the following applies:
SB109-engrossed,12,1411
454.13
(2) The examining board may enter into reciprocal agreements with
12officials of other states for licensing cosmetologists, aestheticians, electrologists,
and 13manicurists
, and cosmetology managers and grant licenses to persons licensed in
14other states according to the terms of such an agreement.
SB109-engrossed,12,2321
454.22
(2) No person may use the title “barber" or “hairstylist" or any other
22similar title unless the person is a licensed barber
, licensed barbering manager, or 23licensed cosmetologist
, or licensed cosmetology manager.
SB109-engrossed,13,5
1454.23
(4) Posting of license certificate. The department shall issue a
2certificate to each person licensed under sub. (2)
or (3), certifying that the holder is
3a licensed barber
or licensed barbering manager. The licensee shall post the
4certificate in a conspicuous place in the primary establishment where the licensee
5practices.
SB109-engrossed,13,107
454.23
(5) Expiration and renewal. The renewal
dates date for
licenses a
8license granted under
subs. sub. (2)
and (3) are is specified under s. 440.08 (2) (a), and
9the renewal
fees fee for
those licenses are that license is determined by the
10department under s. 440.03 (9) (a).
SB109-engrossed,13,1712
454.23
(6) (a) Any person who is issued a license under sub. (2)
or (3) may apply
13to the department to classify that license as inactive. Upon application under this
14paragraph, the department may classify a license as inactive if the department
15determines that the person who holds that license is in good standing with the
16department and intends to refrain from barbering during the period that the license
17is inactive.
SB109-engrossed,13,2219
454.24
(2) The examination for a license under s. 454.23 (2)
or (3) shall consist
20of written tests and practical demonstrations requiring applicants to demonstrate
21minimum competency in services and subjects substantially related to the practice
22of a barber
or barbering manager, as appropriate, and public health and safety.
SB109-engrossed,14,624
454.24
(4) An applicant for a license under s. 454.23 (2)
or (3) shall file an
25application for examination in the office of the department at least 3 weeks before
1the examination. If an applicant fails to file the application within the required time,
2the department may postpone the applicant's examination to the date of the next
3available regular examination. The department may require an applicant who fails
4to appear for or to complete an examination to reapply for examination. An applicant
5who fails an examination may request reexamination and shall pay a fee for
6reexamination, according to the procedures and fees established under s. 440.06.
SB109-engrossed,14,129
454.25
(1) (ag) The department shall promulgate rules permitting the use of
10a chemical process in the practice of barbering outside of a licensed establishment,
11except that the department may not promulgate any rule that restricts the use of a
12chemical process in cutting or styling hair in the practice of barbering.
SB109-engrossed,14,1514
454.25
(1) (ar) A person may practice barbering outside of a licensed
15establishment if all of the following apply:
SB109-engrossed,14,1816
1. The person owns, manages, is employed by, or is affiliated with a barbering
17establishment licensed under sub. (2) or a cosmetology establishment licensed under
18s. 454.08 (2).
SB109-engrossed,14,2019
2. The person brings the certificate issued to the person under s. 454.23 (4), or
20a copy, to the location where barbering is practiced.
SB109-engrossed,14,2321
3. The service provided by the person does not involve the use of a chemical
22process, except for the use of a chemical process in cutting or styling hair in the
23practice of barbering outside of a licensed establishment.
SB109-engrossed,15,4
1454.25
(1) (b) Except as permitted
by rule promulgated under par.
(a) (ag) or
2(ar), no person may practice barbering in an establishment unless the establishment
3is a licensed barbering establishment
under sub. (2) or licensed cosmetology
4establishment
under s. 454.08 (2).
SB109-engrossed,15,86
454.25
(4) A person who is not a licensed barber
, licensed barbering manager, 7or licensed cosmetologist
, or licensed cosmetology manager may own or operate a
8licensed barbering establishment, but may not practice barbering.
SB109-engrossed,15,1510
454.25
(5) A person who owns a licensed barbering establishment shall employ
11at least one person as a manager who is a licensed
barbering manager barber or
12licensed
cosmetology manager cosmetologist and works full-time in the
13establishment.
The manager of a licensed barbering establishment shall ensure that
14the establishment operates in compliance with this subchapter and the rules
15promulgated by the department under this subchapter.
SB109-engrossed,15,2417
454.26
(3) (a) An apprentice in barbering may not practice barbering except
18under the supervision of a licensed barbering manager or licensed cosmetology
19manager or under the supervision of a licensed barber or licensed cosmetologist
to
20whom supervisory authority has been delegated by a licensed barbering manager or
21licensed cosmetology manager. A licensed barbering manager or licensed
22cosmetology manager may only delegate supervisory authority to a licensed barber
23or licensed cosmetologist who has completed at least 2,000 hours of practice as a
24licensed barber or licensed cosmetologist.